Legal Opinion

Alfrey v. Colbert

Court of Appeals for the Eighth Circuit

Decided February 12, 1909No. Nos. 2,729, 2,837PublishedCited by 22 opinions

Appeal from the United States Court of Appeals in the Indian Territory. Appeal from the Supreme Court of Oklahoma, as Successor of the United States Court of Appeals in the Indian Territory.

1Opinion of the Court

HOOK, Circuit Judge.

Perry Colbert, by his next friend, James Colbert, sued R. J. Alfrey and G'. D. Carl for the cancellation of a deed conveying 120 acres of land in the Indian Territory which had been allotted to him as a citizen of the Creek Nation in the distribution of the tribal property by the Dawes Commission* He is a freedman without Indian blood, and the land in controversy did not embrace his homestead. The grounds for cancellation were that complainant was a minor when the deed was executed, was without contractual mental capacity, and was induced by defendants to part with his…

2Cases cited4 opinions

  1. Natural Gas Pipeline Co. v. SlatterySupreme Court of the United States · 1937
  2. Sims v. EverhardtSupreme Court of the United States · 1880
  3. MacGreal v. TaylorSupreme Court of the United States · 1897
  4. Marine v. PackhamCourt of Appeals for the Fourth Circuit · 1892

3Cited by22 opinions

  1. Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
  2. Bell v. FitzpatrickSupreme Court of Oklahoma · 1916
  3. F. B. Collins Inv. Co. of Clinton v. BeardSupreme Court of Oklahoma · 1915
  4. Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
  5. Stevens v. ElliottSupreme Court of Oklahoma · 1911

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